Clarification of the competence of the Court of Appeal

Vezdenev Konstantin E.

The article is devoted to the problem of partial coincidence of issues resolved by the appellate instance and courts considering materials in accordance with Article 397 of the Code of Criminal Procedure of the Russian Federation. The requirements established by the criminal procedure law for the powers of the courts of these instances are analyzed. Objective and subjective circumstances are considered, in which it is more expedient to distinguish between related issues of appeal, so that the arguments of complaints and submissions to instances that differ in their functional purpose do not duplicate each other. The comparison of the procedure and organization of the work of courts of various levels is carried out, the reasons and conditions for the possibility of changing the procedure for appealing certain categories of arguments of the parties are identified. The competence of the court of appeal is analyzed and clarification of the powers of the courts of second instance is proposed. Arguments are given about the need to amend the criminal procedure legislation, establishing a different procedure for resolving emerging issues after the announcement of the verdict.

Keywords:verdict, appeal, argument of the appeal, justification, specific circumstances of the criminal case, appellate court.